Share This Page

Duhaime's Law Dictionary

Trial Definition:

The resolution of a dispute by examination of evidence submitted by opposing litigants by a tribunal or Court of law, and determination of (1) guilt (in a criminal trial) or (2) of a civil dispute of fact or law.

From Catherwood v Thompson 1958 OR 326 (Canada), a trial was stated to be an:

"... investigation and determination of a matter in issue between parties before a competent tribunal, advancing through progressive stages from its submission to the Court or jury to the pronouncement of judgment.

"When a trial may be said actually to have commenced is often a difficult question but, generally speaking, this stage is reached when all preliminary questions have been determined and the jury, or a Judge in a non-jury trial, enter upon the hearing and examination of the facts for the purpose of determining the questions in controversy in the litigation."

In the 2000 edition of Roger Salhany's book, Preparation and Presentation of a Civil Action (ISBN 0-433-42412-5), the retired Ontario judge aptly summarized the process at page 68:

"The purpose of any trial should be the discovery of the truth. In Canada, the mechanism for that discovery is the adversary system, a method of trial unique to those countries whose legal institutions stem from the English common law....

"Through examination-in-chief by counsel for the party that calls the witness and cross-examination by counsel for the opposing side, the accuracy or reliability and honesty of the testimony of the witness is tested for its truth. The courtroom becomes the only laboratory in which the trier of fact is able to make a determination of the truth."

LAWimage

Duhaime Lawisms

Certainty is so essential to a law, that a law without it cannot be just. For if the trumpet gives an uncertain sound, who shall prepare himself to the battle? So if the law has an uncertain sense, who shall obey it? A law, therefore, ought to give warning before it strikes: and it is a true maxim, that the best law leaves least to the breast of the judge, which is effected by certainty.
Francis Bacon, quoted in the Preface of Cunningham's Reports

Expand Navigation

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.